A discussion of firearms in private businesses

In the July 17 edition of The Hawkeye, Sheriff Mike Johnstone of Des Moines County was interviewed by Steve Delaney about firearms owners carrying their weapons in privately owned businesses. From the article:

Sheriff Mike Johnstone says Iowa law doesn't specifically address the matter of weapons in private business and a business owner's right to prohibit them. When asked, Johnstone responded in an e-mail: "In a recent meeting in Des Moines with the Department of Public Safety, there was discussion in regard to this issue, and it is felt that private owners have the right to post a sign in the window prohibiting weapons in the building. The fall back is that (weapons-carrying patrons) would not be in violation of the gun law if they did enter your building, but rather a trespass. This is where it is right now. DPS is attempting to come up with rules for these situations before the new law goes into effect on Jan. 1, 2011. Hopefully things will be much more clear before then."

The website Iowacarry.org only suggests that weapons-carrying patrons respect a business' rules, and if they prefer patrons not be packing inside their building, then lock the gun in the car and complete your business.

Seems reasonable, but somehow I don't believe the NRA would see it that way.

Sheriff Johnstone is absolutely correct. Iowa law does not reference the carrying of weapons by permit holders in privately owned businesses. All business owners are free to post their locations as “no guns allowed” at will, with no regulation governing the size, font, location, etc. of the sign. The Iowa Firearms Coalition has a web page devoted to business that prefer to have a weapons-free (“safety-free”) environment. If a permit holder is found to be carrying in the business, the owner must ask the patron to leave, or the patron risks a trespassing charge. Likewise, permit holders are free to patronize businesses the respect the wishes of those who choose to carry a firearm, and avoid businesses that do not.

However, Sheriff Johnstone is incorrect to believe that Iowa DPS can simply “come up with rules” governing this situation prior to January 1, 2011. Iowa DPS does not create law – the Iowa Legislature creates law. Iowa DPS is charged with enforcing the law once it is created. Any “ruling” that the Iowa DPS were to release regarding this subject would be unenforceable, since there is no state law to back it up.

Firearms owners and business owners alike should hope that the Iowa Legislature does NOT take this up as an issue to be addressed. One needs to look at Texas as an example of how things would work if businesses were allowed to make the carrying of firearms on private property a crime. Businesses are required to post signs that meet an exact set of standards before permit holders can be charged with a crime for carrying on their property. Essentially, more government regulation.

When businesses decide to be a “weapons free” zone, they are essentially excluding the good guys while doing nothing about the bad guys. Permit holders in Iowa have undergone criminal background checks and are not citizens who are prone to violence. How many businesses can say that about their other patrons or even their employees? How many criminals would pay attention to a “no guns allowed” sign anyway?  And finally, if the permit holder is carrying the weapon concealed, how does anyone know that the weapon is there in the first place?

In reference to the “Seems reasonable, but somehow I don't believe the NRA would see it that way” comment, the NRA has never sought to require businesses to allow weapons on their property, other than in privately owned vehicles, and secured when the employee leaves the vehicle.  Mr. Delaney should investigate that prior to making an assumption about the NRA.

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